OHIO POWER CO. v. PUB. UTIL. COMM.

No. 77-862.

54 Ohio St. 2d 342 (1978)

OHIO POWER COMPANY, APPELLANT, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided June 14, 1978.


Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann, Mr. James H. Woodring, Mr. Clifford O. Arnebeck, Jr., Mr. Edward A. Caine and Mr. Ronald E. Prater, for appellant.

Mr. William J. Brown, attorney general, Mr. Marvin I. Resnik, Ms. Cheryl K. Hachman and Mr. Kevin F. Duffy, for appellee.


PAUL W. BROWN, J.

R. C. 4909.191(E) does not direct that an order issued pursuant to that section is void, voidable or subject to invalidation if tardily issued. Absent clear legislative language indicating that compliance with the statute's mandate of timeliness is a condition precedent to validity, we conclude that that requirement is not so essential that it overrides the basic purpose of the legislation which is to regulate fuel adjustment clauses in the public...

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